Justices of Peace in Russian Empire as an Alternative to Formal Judicial Proceedings: 1775–1866

This article examines the establishment and functioning of the Justices of the Peace in the Russian Empire, initiated by Catherine II in 1775 and fully abolished in 1866. Utilizing a structural analysis method, the study investigates the judicial processes within these courts from 1775 to 1866. A formal-logical approach is employed to analyze the existing legislation of the Russian Empire concerning the jurisdiction of the Justices of the Peace. The research draws on administrative documents from the State Archive of Voronezh Oblast and legislative acts from the late 18th to mid-19th centuries. The novelty of this study lies in its perspective of viewing the Justices of the Peace as an alternative to formal judicial proceedings, which were primarily based on inquisitorial principles as an ideal type of legal process, alongside theories of formal evidence, where judicial decisions were made without regard for the internal convictions of the judge. The author concludes that the judicial process of the Justices of the Peace was primarily aimed at protecting private interests, with the nature of this alternative to formal proceedings varying depending on whether the case was criminal or civil.

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Publication Details

Journal
Nauchnyi Dialog
Published
2024-12-24
DOI
https://doi.org/10.24224/2227-1295-2024-13-10-445-462
Citations
3
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
6.69
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article

Justices of Peace in Russian Empire as an Alternative to Formal Judicial Proceedings: 1775–1866

S. N. Podlesnykh
3 citations
Nauchnyi Dialog
American Constitutional Law and Politics
6.69
article

Justices of Peace in Russian Empire as an Alternative to Formal Judicial Proceedings: 1775–1866

S. N. Podlesnykh
article en
3 citations

Abstract

This article examines the establishment and functioning of the Justices of the Peace in the Russian Empire, initiated by Catherine II in 1775 and fully abolished in 1866. Utilizing a structural analysis method, the study investigates the judicial processes within these courts from 1775 to 1866. A formal-logical approach is employed to analyze the existing legislation of the Russian Empire concerning the jurisdiction of the Justices of the Peace. The research draws on administrative documents from the State Archive of Voronezh Oblast and legislative acts from the late 18th to mid-19th centuries. The novelty of this study lies in its perspective of viewing the Justices of the Peace as an alternative to formal judicial proceedings, which were primarily based on inquisitorial principles as an ideal type of legal process, alongside theories of formal evidence, where judicial decisions were made without regard for the internal convictions of the judge. The author concludes that the judicial process of the Justices of the Peace was primarily aimed at protecting private interests, with the nature of this alternative to formal proceedings varying depending on whether the case was criminal or civil.

Nauchnyi DialogVol. 13(10)
Voronezh State University of Forestry and Technologies (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
American Constitutional Law and Politics
6.69
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